Former Republican state Sen. Brian Kelsey of Germantown says he has received a pardon from President Donald Trump just two weeks after reporting to federal prison to serve a 21-month sentence for an illegal campaign finance scheme, The Tennessean reports. A federal grand jury indicted Kelsey in 2021 for a scheme related to his failed 2016 congressional bid. Prosecutors alleged he illegally funneled money from his state Senate campaign committee to his federal campaign. Kelsey pleaded guilty in 2022 and later unsuccessfully attempted to change his plea. He reported to federal prison in Kentucky last month after he was denied the final appeal.

A bill from Majority Leader William Lamberth, R-Portland, that would allow school districts to deny education to undocumented children advanced in the House K-12 Subcommittee earlier this month, the Tennessean reports. Educators and students testified against the HB793, noting that immigrant families regardless of status contribute to schools through sales and property taxes. Supporters of the bill argue that school districts should have the ability to deny students due to the cost of educating them, specifically citing expenses for English as a Second Language instruction. In the Senate, Sen. Bo Watson, R-Watson's amended bill, SB836, passed the Education Committee in a 5-4 vote. That version of the bill allows schools to require tuition rather than outright blocking enrollment, but it also would institute broad new requirements on schools to document immigration status. The Senate bill is scheduled to be considered by the Senate Finance Ways and Means Committee next week, while the House bill will be before the House Education Committee tomorrow.

Tennessee Republican Sen. Marsha Blackburn has sponsored the "Protecting Our Supreme Court Justices Act of 2025," a proposed bill that would increase the penalty for protesting outside court buildings or judges' homes to up to five years in prison, WBIR reports. Currently, individuals who protest outside court buildings or any buildings or residence occupied or used by a judge, juror, witness or court officer can face up to one year in prison. The existing law applies to those who attempt to "interfere with, obstruct or impede the administration of justice" through picketing or parading and allows for fines against individuals using voice-amplifying devices. Five lawmakers have co-sponsored Blackburn's bill, which must first be reviewed by the Senate Judiciary Committee before it can be voted on.

Hello colleagues! I have thoroughly enjoyed serving as your Construction Law Section chair this past year. I’d like to take a moment and thank you for your membership in the section. It is an honor to serve with lawyers who consistently support each other and engage in open discussion about the law and policy. We are a tight knit group and treat each other with a civility and a collegiality that is particularly refreshing in a profession that is full of “objections!” If you haven’t been on the receiving end of this esteemed professionalism, I encourage you to reach out to TBA section liaisons Chelsea Bennett (cbenett@tnbar.org) or Brooke Leeton (bleeton@tnbar.org) to become more involved. We are always looking for fresh insight into the industry. Plus, the coming years promise to be busy ones for construction lawyers, so support will be essential.  

Speaking of essential, I also wanted to take this opportunity to thank Jerry Martin and the Construction Law Section Executive Council for the excellent Construction Law Forum held at the Tennessee Banker’s Association on Jan. 24. We heard from many state agencies on some of the technicalities we and our clients face with TDEC, licensing, TDOT and TOSHA. The day was rounded out with a speedy case law update and an engaging ethics presentation. Thank you to all the speakers who gave so freely of their valuable time! For those of you who may have missed the 2025 forum, it will be available soon as a 1-Click package.

Finally, it has been a busy legislative session thus far, with many items being followed closely by the section executive council. Proposed legislation is reviewed carefully and feedback is provided whether we support, oppose or are neutral on the proposed bills. If you’d like to be more involved or have specific feedback on any proposed legislation, please reach out Chelsea or Brooke at the emails above. While our executive council comes from across the state and represents a variety of construction industry businesses, there is always room for another voice and we welcome your input!  

And on that note, please encourage your colleagues, opposing counsel and your ADR professionals to join our section. Next year’s forum promises to have some interesting case law updates, as well as legislation reviews. They won’t want to miss it! If you have any suggestions for topics that you would like to see at the next forum or if would be interested in writing about for an article in a future TBA Connect newsletter, please feel free to reach out to me (theresa@tlclawoffice.com) or to our TBA section liaisons.

Thank you again for being a valuable part of our section and we look forward to a prosperous 2025!

— Theresa Critchfield

Tennessee Sen. Shane Reeves, R-Murfreesboro, and Rep. Chris Todd, R-Jackson, have introduced a bill promoted by the U.S. Chamber of Commerce (USCC) to block state agencies from creating new regulations unless these agencies can prove the proposed rule(s) are based on the "best available science." SB0880/HB0896 stipulates that all scientific and technical information supporting regulatory actions after July 1 must be published in a peer-reviewed scientific journal that does not charge authors publication or submission fees. Reeves during a Senate Government Operations Committee meeting on Feb. 26 said he brought the bill, at USCC’s request, to "move away from public policy overreaction to events influencing environmental regulatory actions to promote stability for businesses." A USCC representative said the bill is aimed at the regulation of man-made chemicals, particularly PFAS, so that regulators are not acting on a "whim or pseudoscience." Todd has introduced an amendment that is being considered by the House Agriculture and Natural Resources Subcommittee. Currently, Tennessee has no set limits for certain types of PFAS in drinking water. The Chattanooga Times Free Press has more.

The TBA Environmental Law Section is now accepting essay entries for its annual Jon E. Hastings Memorial Award Writing Competition, in memory of one of the section's founding members. The contest will award a $1,500 cash prize pool, with $1,000 going to the winning entry and $500 going to the runner-up. This competition will be judged by a panel of environmental law practitioners, members of the judiciary, and/or professors selected by the Environmental Law Section. Any law student with an interest in the practice area and enrolled in a Tennessee law school in 2024 or 2025 is eligible to participate. All submissions must be received by April 11. View the contest rules here. Contact Section Coordinator Jarod Word for more information or to submit an entry.

The TBA Environmental Law Section hosted its annual forum in November, receiving stellar feedback from participants. Produced this year by Environmental Law Section Chair Ellery Richardson, the program provided information on crucial actions in the practice area. The TBA would like to thank Richardson and the section’s executive council for another successful forum, and to Butler Snow for hosting the event.

Section Chair: Ellery Richardson, Tennessee Dept. of Environment and Conservation
Chair Elect: Payton Bradford, Tennessee Dept. of Environment and Conservation
Immediate Past Chair: Katharine Barnes, Butler Snow

Delegates
Ashley Strittmatter, United Cleanup Oak Ridge
David Higney, Grant Konvalinka & Harrison
Courtney Keehan, Chambliss Bahner & Stophel
Jaz Boon, Attorney at Law
Jennifer Brundige, Tennessee Valley Authority
Jenny Howard, Tennessee Dept. of Environment and Conservation
Jim Lenschau, Wyatt Tarrant & Combs
Meryl Harris, Tennessee Valley Authority
Randy Womack, Glankler Brown
Scott Thomas, Bass Berry & Sims

Registration is open for the Tennessee Environmental Network Show of the South 2025 (TENSOS), which will take place May 14-16 in Chattanooga. Billed as the largest, most comprehensive and diverse environmental education opportunity in Tennessee, the program provides lawyers and professionals timely updates on the state’s environmental concerns. Legal track topics this year include the Endangered Species Act, conservation, solid waste, brownfields, ethics, a legislative update and more. Register now.

Vanderbilt Law School's Energy, Environment and Land Use Program (EELU) will host its third annual State of the Environment Conference on March 19. The conference will bring together faculty, policymakers and other experts for roundtable discussions of major environmental issues in the Southeast. This year, the conference will begin with a presentation of EELU's second State of the Environment Report, which documents Tennessee’s standing on key environmental indicators. Lunch and refreshments are provided. Registration is free and there is no need to RSVP. Learn more here.

The Tennessee Bar Association (TBA) and Tennessee’s American Inns of Court are now accepting nominations for the 2025 Judge Pamela L. Reeves Tennessee Professionalism Award. The annual award is presented to a lawyer or judge whose life and practice display sterling character and unquestioned integrity, coupled with ongoing dedication to the highest standards of the rule of law and the highest standards of the legal profession in Tennessee. This year's award will be presented to a lawyer or judge residing in the Middle Grand Division. Nominees must be alive when nominations are submitted but they need not be an active member of an American Inn of Court or the TBA. The award will be presented at the TBA's Annual Convention, which will be held in Franklin June 11-14. The deadline for submitting nominations is April 7. See past recipients of the award.